According to information gathered from its research, the All Progressives Congress (APC) candidate, Dr. Orji Kalu had the highest score of 55% followed by the candidate of All Progressives Grand Alliance (APGA), Chief David Onuoha, who scored 25% while the candidate of the People’s Democratic Party (PDP) got 20%. Disclosing the criteria used in arriving at the figures, the coordinator of the research group, Mr. Daniel Agwu, stressed that data were sourced through interviews, questionnaire and other channels.

He said, “ the APC candidate’s general acceptability across Abia North senatorial zone is remarkable. Most of the people could not hide their love for Kalu as they recalled his achievements as governor including free education, free medical scheme and sports development, which resulted in victory of Enyimba FC at CAF Champions League).

“Considering the fact that the former governor, who is a member of the ruling party at the federal, has access to federal machinery and coupled with his political followership at the grassroots, Kalu has bright chances to win the election.

“The APGA candidate has massive support in his homestead, Abariba but that alone cannot give him victory. Ohuabunwa is not popular because he has failed to deliver dividends of democracy to his constituents and coupled with the unpopular policies of the PDP led Abia state government, Abians are wary of PDP candidates across the state”.

While assuring election observers and other stakeholders of their co-operation in ensuring a credible poll in Abia state, the coordinator urged the electorate to vote for candidates with pedigree and good antecedents for the sake of democracy. The All Progressives Congress (APC) has called on the Independent National Electoral Commission (INEC), security agencies and other stakeholders to ensure a free, fair and credible general election.

According to the secretary of the APC in Abia state, Barrister Perfect Okorie, top chieftains of the People’s Democratic Party (APC) in the state have been boosting of their personal relationship with theResident Electoral Commissioner (REC) of INEC, in Abia state, Mr. Joseph Ilo. The scribe, while urging political parties not to manipulate the electoral process, admonished the electorate to be vigilant, adding that the era of rigging and violence was over in Abia state.

Speaking with stakeholders of the party in Igbere on Friday, Okorie, stressed that APC will come out victorious in the forthcoming elections.While advising the REC in Abia state to stay clear of any political party, the Secretary cautioned stakeholders against violating the tenets of democracy , adding that the PDP’s antics of vote-buying and rigging will be vehemently resisted by voters.

But the prosecuting counsel for the Economic and Financial Crimes Commission, Mr. Rotimi Jacobs (SAN), had said he was not aware that Kalu obtained the court’s permission before travelling to Germany despite the fact that he had deposited his passport in court’s custody.

Jacobs urged Justice Idris to declare that Kalu had jumped bail and absconded.

In a ruling, Justice Idris ordered Kalu to return to Nigeria within seven days and make himself available for his trial on Monday.

However, Kalu failed to appear against the order of the court.

Consequently, Justice Idris, in his ruling, revoked his bail and ordered him to submit himself to the EFCC within 24 hours of his return to the country from Germany.

The judge ordered the EFCC to arrest and detain the ex-governor if he fails to yield himself to the anti-graft agency within 24 hours of his return.

The judge ruled, “In the circumstances, I’m constrained to revoke the bail granted to the first defendant.

“The first defendant is permitted to continue his medical treatment abroad unharrassed by security agencies.

“Upon the first defendant’s return into the country, he shall, at the point of entry, surrender his passport and other relevant travel documents to the EFCC.

“He shall also surrender himself to the EFCC within 24 hours of his return, failing which he shall be arrested and detained by the EFCC.

“Let me state that there is no doubt that the first defendant is entitled to and has a right to life; he has a right to seek medical treatment within and outside the shores of Nigeria; this right is further guaranteed by the African Charter on Human and Peoples Rights and the Universal Declaration of Human Rights.

“In enjoying these rights, the first defendant has a duty to follow due process of the law. In this case, the first defendant acted outside the purview of the law and he is expected to be dealt with in accordance with the law.

“This is a court of law and a court of justice in accordance with the law. This court is also a court of equity, but he who seeks equity must do equity. It is said that like fire spits fire, so is equity.

“When you seek equity, you must do equity.”

It may be recalled thathearing in Kalu’s trial was stalled on Monday, November 5, 2018, due to the absence of the ex-governor from court.

The matter was adjourned till November 12, 2018 for continuation of trial, but Kalu failed to make an appearance, leading to the revocation of his bail.

Source: Punch Newspapers

]]>http://newnigerianpolitics.com/2018/11/13/breaking-court-revokes-ex-abia-gov-orji-kalus-bail/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:49:"court,kalu,bail,equity,defendant,efcc,justice,law";s:19:"keywords_autoupdate";i:1;s:11:"description";s:152:"Court in Lagos has revoked the bail granted in 2007 to a former Governor of Abia State, Dr. Orji Uzor Kalu, who is facing N7.65bn fraud charges. Justice";s:22:"description_autoupdate";i:1;s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Rapists invade Abia school, injure, separate students according virgins, non-virginshttp://newnigerianpolitics.com/2018/05/29/rapists-invade-abia-school-injure-separate-students-according-virgins-non-virgins/
http://newnigerianpolitics.com/2018/05/29/rapists-invade-abia-school-injure-separate-students-according-virgins-non-virgins/#respondWed, 30 May 2018 05:21:40 +0000http://newnigerianpolitics.com/?p=50549

Member representing Isuikwuato/Umunneochi Federal Constituency in the National Assembly, Hon Nkiruka Onyejiocha with one of the injured students attacked by rapists in Abia school

By Anayo Okoli

UMUAHIA-AT least 15 female students of Methodist Girls Model Secondary School, Ovim in Isuikwuato council of Abia State were reported to have been wounded when suspected rapists invaded their hostel last weekend.

Information from the community said the incident happened about2 amlast Friday.

Meanwhile, the member representing Isuikwuato/Umunneochi Federal Constituency in the National Assembly, Hon Nkiruka Onyejiocha paid a visit to the school where she met some of the wounded students.

Narrating her ordeal to the law maker, Miss Chidinma Nwadubem, an SS11 student, explained that they were sleeping when suddenly one of the hoodlums broke into the dormitory and attempted to rape them.

According to her, the suspected rapist was wearing a mask and was moving from bed to bed “flashing his torch light” on the students and ordering them to wake.

The traumatized 15 year old student said the suspect told the students that they had killed all the security guards on duty at the school gate, and that the entire dormitory had already been surrounded by his colleagues.

According to her, the suspect ordered them to “simply cooperate” with them, warning that anyone who dared them would just be killed like one of the guards.

She however said that the students did not succumb to the threat despite physical assault by the suspect.

“When he broke into the dormitory, he ordered us to separate ourselves between virgins and non virgins. He now ordered us to undress but when we resisted him, he started heating us with the iron rod in his hand.

“We said we cannot undress for him even if he likes let him kill us. It was at that point that all of us started shouting on top of our voices and crying for help”, Chidinma said.

She said it was at that point that “he started breaking our heads with the rod before escaping through the fence.”

The Principal of the school, Mrs. Oluchi Ibenye, who confirmed the incident, said the hoodlums probably gained access into the school premises through the back fence.

The principal said the matter had been reported to the police for investigations and arrest of the suspect. She also appealed to the government to assist the school to reinforce its perimeter fence and fortify security around the school.

In her remarks, Hon. Onyejiocha who is an Old girl of the school, expressed anger over the ugly incident and called on the Inspector General of Police to ensure the immediate arrest and prosecution of the suspect.

She described the ugly incident as “terrorism against the girl child” which she said must be resisted.

The lawmaker promised to undertake the fortification of the perimeter fence of the school dormitory and renovate the shattered louvers and broken doors.

The meeting, which lasted several hours, also had the President General of Ohanaeze Ndigbo, Chief Nnia Nwodo; Deputy Senate President, Ike Ekweremadu; and the General Officer Commanding, 82 Division, Enugu, Gen. Adamu Abubakar, in attendance.

Chairman of the South-East Governors Forum, Umahi, who addressed journalists after the meeting, which held at Enugu State Government House, explained that the leadership of IPOB “sent their apologies” for their absence at the parley.

Reading a communique after the meeting, Umahi said, “All activities of IPOB are hereby proscribed. IPOB and all other aggrieved groups are advised to articulate their position on all national issues and submit to the Committee of Governors, Ohanaeze Ndigbo and National Assembly members from South-East Zone, through the Chairman, South-East Governors Forum.

“All governors of South-east Zone are to ensure compliance in their respective states.

“South-East Governors Forum and Ohanaeze Ndigbo do hereby reinforce their commitment to a united and indivisible Nigeria.

“We also reinforce our desire for the restructuring of Nigeria where all national issues will be discussed and amicably settled to achieve justice and fairness to every Nigerian.”

]]>http://newnigerianpolitics.com/2017/09/15/breaking-south-east-govs-proscribe-ipob-activities/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:54:"governors,ipob,east,meeting,south,enugu,forum,national";s:19:"keywords_autoupdate";i:1;s:11:"description";s:157:"Governors Forum, at a meeting in Enuguon Friday, proscribed the activities of the Indigenous People of Biafra in the five states in the zone. The meeting was";s:22:"description_autoupdate";i:1;s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Breaking(Photos): Thousands of IPOB supporters head to Kanu’s home as army lay siegehttp://newnigerianpolitics.com/2017/09/13/breakingphotos-thousands-of-ipob-supporters-head-to-kanus-home-as-army-lay-siege/
http://newnigerianpolitics.com/2017/09/13/breakingphotos-thousands-of-ipob-supporters-head-to-kanus-home-as-army-lay-siege/#respondWed, 13 Sep 2017 22:48:07 +0000http://newnigerianpolitics.com/?p=48951Photos show thousands of the Indigenous People of Biafra, IPOB, members in tippers, buses and other cars from different South-East states heading to their leader’s home, Mazi Nnamdi Kanu in Umuhia, the Abia state capital after Nigerian army, again, are seen with armoured tankers in front of Kanu’s home.

Media hype is an awkward cachet of Nigerian public life. Not surprisingly, the Economic and Financial Crime Commission (EFCC), in its media hype, indict, try and convict suspects in the media, and then, with its shoddy investigations and sloppy prosecution, loses the case in court. In the characteristic media show-off of Nigerian public officials, the Nigerian Army Chief of Staff, Tukur Buratai, told Nigerians that some army officers, in-concert with their political sponsors, were ponder a coup attempt. Many Nigerians thought that it was a military matter that should have been investigated (with other security agencies) and addressed by the military, and not thrown out into the public domain.

Agitated by the prospect of some politicians luring elements of the military into attempting a coup, the political elite denounced any attempt at military intrusion into politics and urged Nigerians to resist any coup attempt by the military. Of course, ordinarily, Nigerians should stand up in defense of democracy. After all, democracy has proven to be the best form of government, which explains the disproportionate representation of democracies among the world’s most prosperous, powerful and politically stable countries.

Potentially, democracy offered Nigeria so much. It was expected to be a refreshing contrast to military rule and its associated aberrations of corruption, official brutality, moral and ethical collapse, etc. It was to be a wellspring of political stability, social justice and overall societal progress. Nigerians rightly expected that it will significantly improve the quality of life for the majority of Nigerians, progressively raise our standards of morality and ethics and re-orient our earlier distorted value system. Lamentably, Nigerian democracy disappointed these expectations.

Military intervention in politics has always been a direct consequence of failure in democratic leadership. And history has taught us that mass discontent is a desideratum for a successful military coup. Then, the pertinent questions are: has Nigerian democracy failed Nigerians and is there mass discontent in Nigeria – are most Nigerians disillusioned and frustrated with the shadiness of the political class: corruption, arrogance of power and the economic strangulation of the masses? If the honest answers of the political class to these questions are no, then, they have nothing to worry about because a military coup against responsible and responsive democratic leaders that command the confidence and support of the people can hardly succeed. But if, on the other hand, their answers to the questions are yes, then, they have reasons to be very jittery because a political system that has failed its people cannot endure. It will inevitably collapse. The particular trigger for its collapse will be a question of detail.

The dissatisfaction of the Nigerian masses with the status quo is profound and pervasive. The political class need to stem this disenchantment not by “beating their heads against the wall” about political fraternization between politicians and soldiers but by changing their objectionable ways. They must stop looting our commonwealth, riding roughshod over us and disregarding our legitimate aspirations. Thus far, Nigeria democracy has only replicated the obnoxious records of military rule: graft, arrogance of power, theft of public funds, and scorn for the genuine longings of the people. It essentially replaced kakhi-clad, greedy, lying and stealing ruling elite with agdada-clad, greedy, lying and stealing ruling elite.

Consequently, eighteen years of democracy failed to bring about a more principled and equitable distribution of the national wealth. It continues to reinforce an unconscionable economic system that panders to the inordinate wealth of an elite few at the economic misery of the generality of the people. So, while the political elite and their cronies maintain life-styles that amaze even the rich and the famous of the wealthiest countries of the world, a frightening proportion of Nigerians remain trapped in poverty, ignorance, sickness and disease. Many survive as scavengers, rummaging through trash dumps for edibles, reusable items and sellable scraps, and street hawkers (including children and women with babies strapped to their backs), thronging the streets hoping to eke out a living by selling water, soft drinks, etc to motorists and pedestrians.

Many Nigerians are homeless, and millions live in wretched housing, sometimes up to 10 persons per room, in festering squalid neighborhoods with clogged gutters that provide breeding grounds for mosquitoes and all forms of vermin. Consequently, dirt borne diseases, like malaria and typhoid fever are widespread in Nigeria. With a deplorable health care delivery system, Nigeria with a population of only 2% of the world’s population accounts for 11% of the world’s maternal mortality and 12% of the world’s under-five mortality. The continued stealing and salting away of billions of dollars by our rulers against the background of desperate poverty and inconceivable human suffering in our land of plenty is a testament to the failure of democracy in Nigerian.

In their grasping avarice and remorseless misappropriation of public funds, many state governments refuse to pay their employees for months, sometimes, for up to 6 months. And those that demand their salaries are severely punished. For example, a primary school headmistress, Mrs. Maryleen Ezichi, who, like her colleagues, had not been paid for six months appealed to the wife of the Abia State governor, Mrs. Nkechi Ikpeazu, to intercede on their behalf to get paid some of their backlog salaries. Unbelievably, she was punished: demoted and transferred to a rural outpost. To refuse to pay an employee for six months is incredible cruelty. To work for six months without being paid your salary is worse than peonage for a peon (waged slave), at least, gets paid. And to be punished for appealing to be paid part of your backlog salary is tantamount to enslavement – 21st Century slavery – which is definitely not characteristic of a democracy; Nigeria is a pseudo-democracy.

The police force, that indispensible tool of governance and the barometer of the attitude of the governing towards the governed, remains something of a colonial or Apartheid institution because the power elite it represents and is answerable to are totally indifferent to the rule of law and the individual rights of Nigerian citizens. It remains notorious for its brutality, the torture and murder of Nigerian citizens without recourse to the law. Ostensibly, for urban redevelopment, but sometime, for the seizure of choice real estate locations for the elite, our “democratic governments” demolish the homes of the indigent without due process. Sometimes, without prior notice, government agents bulldoze homes and render families homeless. Families (including children, babies and pregnant women) with no alternative accommodation are abruptly thrown outside in the rain and cold.

An exhaustive disquisition on the evil catalog of the oligarchy -“democratic” rulers – that rule this country at the detriment of people and in subversion of every tenet of democracy is beyond the scope of this article. However, the point is that Nigerian democracy has, thus far, been a failure and Nigerians are deeply disillusioned. And if elements of the military and their political sponsors resolve to exploit this failure of democracy and its attendant mass discontent, why would Nigerians stand up in defense of the pretensions of an amoral oligarchy and its pseudo-democracy?

]]>http://newnigerianpolitics.com/2017/06/09/why-defend-a-pseudo-democracy-by-tochukwu-ezukanma/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:66:"democracy,nigerians,military,nigerian,political,nigeria,elite,coup";s:19:"keywords_autoupdate";i:1;s:11:"description";s:153:"democracy. After all, democracy has proven to be the best form of government, which explains the disproportionate representation of democracies among the";s:22:"description_autoupdate";i:1;s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Girls in Aba start sex at age 10 – Studyhttp://newnigerianpolitics.com/2016/10/27/girls-in-aba-start-sex-at-age-10-study/
http://newnigerianpolitics.com/2016/10/27/girls-in-aba-start-sex-at-age-10-study/#respondThu, 27 Oct 2016 21:42:32 +0000http://newnigerianpolitics.com/?p=47125A medical practitioner, Dr Godwin Uwaoma, said on Monday that girls in Aba, Abia engage in active sexual activities from the age of 10, raising higher chances of contracting HIV.

Uwaoma, the Chairman of the Thematic Working Group at the Nigerian Faith Based Advisory Council for AIDS, said that a 2014 research revealed the development.

He said that the study was conducted to find out the awareness of preventive measures among youths in the secondary schools for the Department of Public Health at the Imo State University.

He said, We discovered that some girls in Aba start sexual activities at the age 10 to 12 and that at the age of 12, girls in Aba have regular boyfriends with whom they agree to have sex regularly.

This was not known before. Usually HIV prevention was targeted at age 15 upward but we now know that before 15 they have become sexually active.

And there is a lot of difference between when you are forced into it and you remove yourself thereafter and when at this age you now have a regular partner.

That was what we discovered and it is not normal but an aberration but obviously the fact is there.

At a lecture organised by the Aba chapter of the Nigerian Medical Association to mark their week, Uwaoma called for prevention rather than cure which was unavailable for HIV cases.

He urged the students to desist from watching pornographic films, playing sexual games with opposite sex and keeping bad friends to save them from sexual temptations.

In another lecture titled Sex and Puberty, Dr Kenneth Ngwogu, a lecturer at the Abia State University, said that puberty brought changes in character and body composition to young people.

Noting that most youths ruined their lives through dangerous actions like early sex, Ngwogu urged them to consult doctors or adults to manage the challenges of puberty.

He charged the youth to desist from sexual activities which could refocus their attention while in school to reach their goals of becoming successful people.

From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal yesterday reserved judgments in the six appeals relating to the Abia State governorship tussle.
There was, however, a mild drama as former Chairman of the Peoples Democratic Party (PDP), Chief Vincent Ogbulafor, Basil Maidugu, Anicho Okoro struggled on who should be the representative of the party in court.
They were, however, stopped by the court which ordered that they should carry their rivalry to the party secretariat.
In another drama, the Appeal Court rejected the attempt by the Ali Modu Sheriff-led faction of the PDP to represent the party in the six appeals.
A counsel from the group, Mr. Olagoke Fakunle had attempted to appear for PDP, but Justice Ogunwumiju presiding held that since he was not a party on record, he cannot be allowed to scuttle the hearing of the appeals.
Dr. Onyechi Ikpeazu who appeared for PDP had urged the court to void the letter brought by Fakunle on the ground that it was a worthless document because it had no seal of any lawyer.
The court had earlier despatched the governorship candidates of the All Progressives Grand Alliance (APGA), Dr. Alex Oti and KOWA party, Dan Onyeonagu from participating in the legal battle on the grounds that they were busy-bodies and meddlesome interlopers in the case between Governor Okezie Ikpeazu and Dr. Samson Ogah.
Meanwhile, the appellate court heard a total of six appeals filed by governor Ikpeazu, (three appeals) Peoples Democratic Party (PDP two appeals) and Friday Nwosu (one appeal) respectively.
The court after listening to submissions from counsel to both parties, reserved judgment to a date to be communicated to parties.
A Federal High Court had on June 27 in two separate judgments nullified the election of Governor Ikpeazu’s election after holding that he submitted false information regarding his tax clearance certificate.
Justice Okon Abang also ordered the Independent National Electoral Commission, INEC, to issue Dr. Samson Ogah a certificate of return.
The judge also directed INEC to issue a fresh Certificate of Return to Ogah, who was the first runner-up in the governorship primary conducted by the PDP on December 8, 2014.
He ordered that Ogah’s full entitlements be restored to him as governor of Abia State. In the main appeal by Governor Ikpeazu, the Appeal Court was urged to set aside the judgment of the Federal High Court.
The governor through his counsel, Chief Wole Olanipekun (SAN) claimed that the court erred in its conclusion when the PDP guidelines and tax receipts were not made by his client but from official quarters.
The lawyer argued that his client had always been a public servant and it was unimaginable that tax papers of a public officer would be queried the way the judge did.
He claimed further that the trial court erred in interpretation of section 31 of the Electoral Act 2010 on the basis that there was no evidence before the court that the tax papers were false.
Olanipekun submitted further that the court acted like a magician when it gave interpretation to PDP guidelines that was not before it.
In addition, he said it was wrong for the court to rely on mere disposition by Ogah to arrived at a final conclusion instead of a copy of PDP guidelines.
‎However, counsel to Samson Ogah, Dr. Alex Izinyon (SAN) submitted that the judgment of the lower court was misconstrued by Governor Ikpeazu and urged the court to dismiss the appeal.
Izinyon argued that the issue of forgery was not before the court but it was the case of alleged presentation of false information to Independent National Electoral Commission ( INEC) for the purpose of getting nomination as a candidate for the governorship slot of the PDP in Abia.
Besides, the lawyer submitted that Ikpeazu did not dispute that the information he swore before the Commissioner of oath was false adding that the case of the appellant was compounded when one of his witnesses admitted error in the computation of his tax‎ paid.
Izinyon therefore urged the court to dismiss the appeal and uphold the judgement of the trial court.
On their part, the PDP ‎and Friday Nwosu did not opposed the appeal of Governor while INEC said it would abide by the decision of the court.
In another appeal against the judgement in favour of Messrs Obasi Ekeagbara and Chukwuemeka Mba, Governor Ikpeazu urged the Court of Appeal to set aside the judgment on the ground that the originating summons was not signed by counsel as required by law.
Olanipekun who argued the case of the governor informed the court that the amended originating summons signed later by a counsel cannot cure the defect because a defective originating summons cannot be cured by an amendment.
In opposing the submissions of Olanipekun, Counsel to the respondents, Dr. Izinyon said arguments of ‎counsel cannot take the place of evidence before the court.
Izinyon insisted that the amended originating summons contained a signature of a counsel, Mr. Mazi Ozuaka and urged court to dismiss the appeal.
Justice Morenikeji Ogunwumiju after taking arguments from counsel to parties in the six appeals reserved judgment.
Earlier, the Appeal Court had rejected the attempt by the Ali Modu Sheriff-led faction of the PDP to represent the party in the six appeals.
A counsel from the group, Mr. Olagoke Fakunle (SAN), had attempted to appear for PDP, but Justice ‎Ogunwumiju presiding, expressed surprise over the action and held that since, he was not a party on record, he cannot be allowed to scuttle the hearing of the appeals.
Dr. Onyechi Ikpeazu (SAN) who appeared for PDP had urged the court to void the letter brought by Fakunle on the ground that it was a worthless document because it has no seal of any lawyer.
‎In another drama, Chief Vincent Ogbulafor, former National Chairman of the PDP, had sought to be recognised as representative of PDP Board of Trustees (BOT) while another PDP chieftain, Barrister Basil Magudu who claimed to be deputy National Legal Adviser and Mr. Anicho Okoro, Deputy Director Administration at PDP also sought to be recognised as representative of the party.
In the confusion that ensued, Justice Ogunwumiju warned that they should not exhibit any act of indiscipline before the court or show their murky waters in court but at the party secretariat.
In his notice of appeal filed by Chief Adegboyega Awomolo, SAN the Abia state governor raised five grounds of appeal upon which he asked the Court of Appeal to set aside the judgment and orders of the high court.
The governor said that the Federal High Court lacked the power to order him to vacate the seat of Abia State Governor.
The notice of appeal reads: “The trial judge erred in law when he ordered as a consequential order that the appellant vacates his office‎ as the Governor of Abia state immediately when there was no jurisdiction in the Federal High Court to remove, vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor.”
The governor said that the only power, authority and order exercisable by the Federal High Court was to disqualify the candidate from contesting the election based on section 31(6) of the Electoral Act 2010.
Ikepazu also faulted the judge when he held that he did not pay his tax for the years 2011, 2012 and 2013, at when due, when he was a public officer whose tax deduction was under Pay As You Earn (PAYE) scheme where tax deductions were from the source of his monthly salary by the tax authorities who isssued all the tax receipts and certificates.
He also said that the Abia State Board of Internal Revenue Services that issued him with the tax certificates had not declared the certificates forged and that the trial court did not invite the issuing authorities to give evidence in the course of the trial.
Ikpeazu said that the plaintiff Dr Samson Udechukwu Ogah was not a staff of the Abia Board of Internal Revenue and did not any staff of the board to testify ‎that the tax certificates were forged.
He accused the trial judge, Justice Okon Abang of violating his right to fair hearing by embarking on judicial investigation without giving him (Ikepazu) the opportunity to address the court on the issue.
The notice of appeal also states: “The learned trial judge erred in law when he held that the appellant presented false information to the Independent National Electoral Commission by his ingenous meticulous study and investigation of documents filed in courts ‎in the recess of his chambers and thereby violated the right of the appellant to fair hearing.”
The governor said that the judge had no duty to investigate the contents of documents dumped on the court in the recess of his chambers with a view to finding for the plaintiff.
“The decision of the judge which arose from the judicial investigation without opportunity to the appellant violated the appellant’s right to fair hearing”, the governor said.
Ikepazu also rejected the decision of the high court declaring him unqualified to be nominated as the primary election conducted by his party because false information was supplied to INEC‎.
According to him, INEC Form CF001 which the judge relied on was not one of the grounds of qualification to contest the primary election of PDP.
He said that the judge misconceived the presented by the parties and thereby arrived at a wrong conclusion which occasioned a grave miscarriage of justice.
Meanwhile, the governor’s party, the PDP has also rejected the judgment and filed a separate appeal.
The party‎ said that the trial court erred in law when it held that it had jurisdiction to hear the suit which was on whether section 24 (f) of the 1999 constitution was complied with.
It said:‎ “The honourable trial court misdirected itself when it construed the provisions of the PDP constitution to the detriment of the appellant without giving the appellant a chance to be heard and thereby occasioned miscarriage of justice.”
In the particulars of the error, the appellant said Ukeagbara and Mba being “the 1st and 2nd respondents in the appeal did not pray the trial court to construe the provisions of the PDP constitution.
“No evidence was led that the said Uche Sampson Ogah participated in the 2015 Abia State gubernatorial elections yet the trial court declared him as winner of the said elections contrary to the express provisions of section 141 of the Electoral Act.”
The PDP urged the Court of Appeal for “an order setting aside the judgment of the Federal High Court of Nigeria in suit No. FHC/ABJ/CS/10862014 delivered on the 27th day of June, 2016.”
-Sun

Abia guber crisis: Controversy trails Appeal Court judgment

— 29th July 2016

From David Onwuchekwa, Nnewi

Controversy and confusion has continued to trail the Appeal Court judgment on the Abia State governorship crisis.
The appellate court ruled that the parties, Governor Okezie Ikpeazu and Dr Uche Ogah should maintain the status quo pending the determination of the earlier suit challenging Ikpeazu’s removal from office.
Some lawyers have argued that the judgment by the appellate court sitting in Abuja had created more confusion since no stay-of-execution order was issued, even as Ogah has his Certificate of Return as issued by the Independent National Electoral Commission (INEC) which impliedly supersedes the one earlier issued to Ikpeazu.
The lawyers submitted that Ogah could still go ahead to enforce the Abuja High Court judgment as the appellate court has expressly stated that the lower court’s order had not been vacated.
But Kevin Godwin Abonyi of Oseloka Osigwe Chambers, Nnewi, Anambra State, said what was important to determine was the prayer of the appellant.
He, however, said based on media report concerning the Appeal Court judgment on the matter, Ikpeazu should remain the governor of Abia State.
“What I infer from this judgment is that the parties should maintain the status quo. It means every action should be on hold including the swearing in of Uche Ogah. It does not matter whether the panel of judges expressly stated this or not.
“Ogah should not go ahead to fight for his swearing in even though the Federal High Court, Abuja order still subsists,” Abonyi submitted.
Lawyers against the judgment, however, maintained that Ikpeazu was governing Abia State without a valid Certificate of Return and insisted that Ogah must be sworn in since there was no stay of execution order issued by the appellate court.
A five-member panel of judges, led by Morenike Ogunwumiju, said the parties in the matter must “remain as they were” before the case got to the court.
She said the ruling did not mean a stay-of-execution order.
A Federal High Court had on June 27 nullified Mr. Ikpeazu’s election after finding him guilty of tax offences. The court, presided by Okon Abang ordered INEC to issue Samson Ogah a certificate of return.
On Tuesday, counsel to Mr. Ogah argued that Mr. Ikpeazu was not legally occupying the Abia State house. He said there were conflicting judgments on the matter. But the judge, Mrs. Ogunwumiju, said the court considered it important to avoid a misinterpretation of its ruling.
She said the decision of the court that parties to “remain as they were” should not be misconstrued as meaning that the appellate court had issued a stay-of-execution order.

ABIA, NIGERIA (AFRICAN EXAMINER) – Despite the Certificate of Return issued Thursday by INEC to Uche Ogah, Abia State Goveror Okozie Ikpeazu has declared that he remained the elected Governor and urged residents of the State to remain calm.

The Governor made the declaration Thursday in a statement Ikpeazu he personally signed.

“I have received with concern, report of the purported issuance of Certificate of Return to Mr. Uche Ogah by the Independent National Electoral Commission (INEC), as Governor of Abia State, despite dependency of a notice of appeal and motion for stay of the orders made by Justice Okon Abang of the Federal High Court, Abuja.

“Our laws are clear on this matter. No one may be issued with a certificate of return let alone be sworn in as governor, when there is a subsisting appeal and application for stay.

“I want to appeal to Abians to remain calm and law abiding in the face of this provocation, unless and until the appellant courts have conclusively resolve the appeal, the status remains, I am still the Governor of Abia State” Ikpeazu declared.